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About James & Wells James & Wells is an internationally recognized, privately owned Australasian firm of patent and trade mark attorneys, intellectual…
Article

James & Wells | Australia, New Zealand | 23 Dec 2020

Exhaustion of Patent Rights: Will New Zealand Follow Suit?

As has been widely reported, the High Court of Australia recently handed down its highly anticipated judgment in Calidad Pty Ltd v Seiko Epson…
Article

James & Wells | New Zealand | 11 Dec 2020

Avoiding common legal traps with the online sale of food and beverage

In the global COVID-19 environment, we have seen the growth of online sales of food and beverage products as Kiwis eat more local rather than imported…
Article

James & Wells | Australia | 7 Dec 2020

Case Summary: Meat and Livestock Australia Limited v Branhaven LLC

In Australia, the Raising the Bar amendments to the Patents Act were designed to raise the threshold needed to have a patent granted. However the Full…
Article

James & Wells | Australia | 2 Dec 2020

Unallowable - the Federal Court of Australia requests amendment of history

In our first article in this series on Australian and New Zealand law, we reported on the current law on amendment allowability following Australia’s…
Article

James & Wells | Australia | 26 Nov 2020

Allowable - the Federal Court of Australia clarifies the law on amendment

In the first of a series of articles on Australian and New Zealand law, we report on the current law on amendment allowability following Australia’s…
Article

James & Wells | New Zealand | 12 Nov 2020

IP and social media - mind your T’s, C’s, P’s and Q’s

Social media is a powerful marketing tool. Just ask all those small businesses who have signed up this year to Facebook groups like Chooice…
Article

James & Wells | Australia | 20 Oct 2020

Case Summary : Boehringer Ingelheim Animal Health USA Inc. v Intervet International B.V. [2020] FCA 1333

This dispute, concerning an invention for controlling parasites in animals, is a reminder that patent applications can get caught up in years-long…
Article

James & Wells | Australia | 9 Oct 2020

Case Summary : Mylan Health Pty Ltd v Sun Pharma ANZ Pty Ltd

The successful grant of patent rights in Australia (as in most countries) requires the claimed invention to be novel and to comprise an inventive step…
Article

James & Wells | New Zealand | 25 Sep 2020

Social media influencers - a mixture of risk and reward

The use of social media influencers to promote products is on the rise. As digital advertising practices continue to evolve, the legal risks become…
Article

James & Wells | Australia, New Zealand | 24 Sep 2020

The patent of addition - protecting improvements and modifications - Australia and New Zealand

Applicants file patent applications to protect important inventions. Often, however, minor improvements or modifications may be made to an invention…
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